Tag Archives: the disabled federal employee and the maneuver through complex legal waters

Postal and Federal Disability Retirement: Precipices, Edges and Flat Earths

When the earth was believed to be flat, to venture out beyond the known and navigable waters was deemed to foolishly challenge an inevitable fate; and to reach the precipice and totter carelessly at the edge is to defy and challenge the gods of fate, as Macbeth does repeatedly throughout the Shakespearean play.

Fate itself is a concept which has lost its meaning; that which is no longer believed, is erased through lack of usage, soon departs unnoticed behind curtains of anonymity.  For most people in the world, lives are lived as unmarked gravestones without headlines, fanfare or public accolades; and that is how it should be.  Seeking out one’s 5 minutes of fame; propelling one’s face in front of a news camera; stepping conspicuously in the background where a camera is being shot and waving furiously to get noticed; somehow, loss in belief in fate has been replaced with an urgency to be noticed for the moment.

For the Federal and Postal employee who quietly suffers from a fate hidden, unknown, or yet to be known, reaching the precipice, feeling like a tottering child on the edge leading to a deep chasm, or venturing beyond the safety of known waters, is a daily occurrence when facing a medical condition which threatens one’s livelihood.  Living on the edge is more than mere metaphor of tempting fate; it is a sense that the world is in turmoil, is uncaring, and is a harsh residue of human complacency.

Federal Disability Retirement benefits, filed through the U.S. Office of Personnel Management, is an avenue which allows for the Federal and Postal Worker to escape the daily sense of being in those situations of remote dangers, by allowing for a base annuity, securing one’s future, and giving an opportunity to remain productive in a private-sector vocation.  Most importantly, it allows for one to recuperate from the physical and mental ailments which lead us into unnavigable waters of dangerous precipices and jagged edges, for the safer paths of secure fates.

Sincerely,

Robert R. McGill, Esquire

Immediate Medical Retirement for Disabled Federal Workers: Complex Simplicity

Often enough in life, the most complex of conceptual constructs is constituted by its very simple nature; and, conversely, the seemingly simplest of tasks is characterized by its concealed complexity, only to be revealed upon an attempted unraveling of its internal mechanisms.

Consider the games of basketball or golf; the concept begins with placing a round object into a similarly-shaped chasm.  From a spectator’s perspective, nothing could be simpler; for the one who has practiced the identical motion to succeed, nothing could be more frustrating.  Conversely, witness the passage of a simple law, or of the original amendments to the U.S. Constitution; words of limited complexity; yet, it is the very simplicity of the underlying principles which conceal their complex conceptual underpinnings.

For Federal and Postal employees who first encounter the administrative process of filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, one might be tempted to “go it alone” because of the seemingly simple construct of the necessary nexus: of the connective bridge which must be established between one’s medical condition and the essential elements of one’s job.

But it should become abundantly (and quickly) clear that it is not the foundational precept of the entire process which makes for complexity, but the ancillary issues, including the required medical documentation, the agency’s attempt to accommodate, or the elements which constitute the essential duties of a position and how they are impacted by a medical condition, etc.  No, it is the coordination of all of the arms and legs which go into preparing and formulating an effective Federal Disability Retirement packet, which makes for its very complexity.

Like the boy who is “all arms and legs” when first he attempts to play the game of basketball, so the nascent encounter with a complex administrative process which has been around for many years, will require some trial and error for the Federal or Postal employee who attempts the feat without assistance.

Trials are fine; it is the errors which become of concern.

Sincerely,

Robert R. McGill, Esquire

OPM FERS/CSRS Disability Retirement: Foreign Territory

Entering a foreign country often has the residual impact of a changed perspective, and an appreciation for what constitutes one’s life “in comparison” thereof.

Such a perspective had greater prevalence decades ago, perhaps, because of the disparity and disproportionate inequality of comparative international standards of living, whereas in recent times there has been the meteoric rise of the middle class in many other parts of the world.  The “East” has attempted to mimic the “West”; the “West” has embraced the “East”; everywhere, in fashion, movies, clothing and personalities, the differences between foreign lands and one’s own has become monolithic in its loss of individualization.

The proverbial “culture shock” has somewhat dissipated, because through telecommunication, the internet, Skype, constant following on Facebook and Twitter, the “new world order” of a singular character has emerged without the need for totalitarian imposition.  But such shock of a foreign culture can occur in an intra-cultural sense.

Thus, for Federal and Postal employees who suffer from a medical condition, such that the medical condition impacts one’s ability to perform the essential elements of one’s job, the crisis felt and the impact experienced is akin to culture shock, in that the foreign territory of physical incapacity or psychological turmoil becomes just as real and unfamiliar as entering a foreign country.

Further, for the uninitiated, the bureaucratic morass which one must encounter in preparing, formulating and filing for Federal Disability Retirement benefits, is often a complete and unalterable conundrum and puzzle for the Federal and Postal employee.  Such an experience, of course, is further magnified and exacerbated because of the crisis one experiences as a consequence of the medical condition itself.

For those Federal and Postal employees who are contemplating filing for Federal Disability Retirement, then, the experience itself is often like entering a foreign country; and, in such instances, it is often a good idea to consider obtaining the services of a tour guide.

Sincerely,

Robert R. McGill, Esquire

Federal Worker Disability Retirement: The Foreigner

The “foreigner” reflects a dual-edged phenomena:  on the one hand, the individual perceives the strangeness of his or her surroundings; on the other hand, those strangers from the “other” land may similarly view the foreigner with interest, suspicion, hesitation, etc.

It is a mutual encounter of cultural clashes.  The singular traveler into untried waters would welcome a friendly face, and thus is often susceptible to criminals and scammers in foreign parts who prey upon unwary tourists.  Within the context of the tourist industry, the “business” side of the industry wants to appear personal and attending to individualized needs, while at the same time dealing in large volumes through a bureaucracy of efficiency.

But being a “foreigner” can occur in one’s own country, too — as in the context of engaging an unknown entity, or an administrative process which is strange and different.

For the Federal and Postal Worker who has been a productive member of the Federal workforce for many years, it is a strange encounter indeed to have to contemplate filing for Federal Disability Retirement benefits.  The entire administrative and bureaucratic process is like stepping onto a foreign land and trying to navigate the streets, towns and cities within the context of trying to understand a language heretofore unfamiliar.

Filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, is an entrance into a land of peculiar and unknown foods and attractions.  For the foreign traveler, it is often best to seek the guidance of a tour guide.

Sincerely,

Robert R. McGill, Esquire

Federal Employee Medical Retirement: Close Encounters of the Third Kind

The title reference, of course, is to the old Spielberg film concerning contact with an alien being; but such a remote, rare and unique experience need not be with an entity from another galaxy or planet, but can be closer to home.

Most people will never need to experience engagement with the U.S. Office of Personnel Management, OPM Division of Disability, Reconsiderations and Appeals, in order to apply for Federal Disability Retirement benefits (whether under FERS or CSRS), leaving aside having to file an appeal to the U.S. Merit Systems Protection Board.

But when the Federal or Postal employee finds him/herself in such a unique situation such that contact with the U.S. Office of Personnel Management or the MSPB becomes necessary, such an experience will be as peculiar and strange an an encounter of the “third kind”.  Moreover, the experience itself may be an unwanted and unpleasant one, because it is something accomplished and pursued while experiencing a personal crisis involving a medical condition.

The encounter itself — however strange, unpleasant or unwanted — nevertheless is a reality which must be dealt with, and in so doing, it should be done in as efficient a manner as possible.

In an initial encounter with an alien being, one would assume that there might be some trepidation and reluctance, mixed with a great amount of suspicion.  That would be natural.  In a similar encounter with the U.S. Office of Personnel Management, it is best to also have a healthy dose of skepticism; better yet, you might want to contact an expert who has had some past experience in dealing with the entity.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Pathway out of an Untenable Situation

The sensation of drowning is one which horrifies most individuals; everyone has experienced an event involving being submerged in a body of water, and feeling helpless and without control of surrounding circumstances.  It is precisely that sensation of loss of control — where one’s legs cannot locate a foundation upon which to escape; where the steadiness of firm ground is not there to provide the necessary support; and where the body of water continues to overwhelm, surround, and ultimately overtake; the horror of drowning is thus the proverbial metaphor for trials which one faces in life.

For the Federal or Postal employee who suffers from a sudden onset of a medical condition, or from one which has shown to be a chronic condition which slowly, progressively, and intractably deteriorates one’s physical and/or cognitive functions, the phenomena of drowning as an analogy for one’s experiential encounter with life’s difficulties will not be a stranger.

In such circumstances, one is told to “remain calm”, to engage in physical maneuvers in order to keep afloat, etc. — but to panic is the death knell in such situations.  Such advice is easily stated in the calm of one’s life; when one is in the midst of such circumstances, such sage advice is abandoned for the immediacy of reactionary decisions.  However, if an available option is presented to allow for a solution to an exigent circumstance, it would be a natural next step to accept the “other” proverbial, metaphorically oft-used word-picture:  the life flotation device.

Federal Disability Retirement is an employee benefit for the purpose of providing a base retirement annuity for those Civil Service employees who suffer from a disabling medical condition such that the disabling medical condition prevents one from performing one or more of the essential elements of one’s Federal job.  It is there to provide that foundation for the Federal or Postal employee who is experiencing that drowning sensation within the Federal sector.

Consider it a life-saving flotation device — one which may provide the fertility of the earth in an environment filled with overwhelming circumstances of life’s unexpected encounters — not involving merely the metaphor of water, but all of the sharks which surround us, as well.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Government Employees: Where to Begin

The captain of a ship docked in a harbor knows three things:  Where the ship came from; where it is; where it will be going next. If any of the three are missing from the thought-processes of the one who intends to navigate the waters, the ship should remain where it is.  For, it is the orientation and coalescence of the past, the present, and the future course of action which should determine the efficacy of whether to act now, or delay for the future.

Unfortunately, in a Federal Disability Retirement case, whether under FERS or CSRS, because of the exigent circumstances which often surrounds the debilitating nature of a medical condition, the emergency situation of the present state of affairs will often dictate, without guidance, the future course of events.

The future cannot be thought of or contemplated with any sense of purpose, because the exigency of the “now” makes all else irrelevant.  But how we formulate the “now” may well determine the future course of events. As such, in preparing, formulating and filing for OPM Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to approach the administrative process and procedure in a systematic, logical manner, if only to ensure the best chances of success at the First Stage of the process.

Culling together a disjointed disability retirement packet just to get it filed immediately (unless, of course, the Statute of Limitations is about to come upon one) is normally not a plan for a captain’s log for charting a ship’s future course; especially when one becomes aware of the stormy seas ahead.

Sincerely,

Robert R. McGill, Esquire

 

Disability Retirement for Federal Workers: Defining Complexity Down

The complexity of a Federal Disability Retirement case is made all the more so, in exponential fashion, when the inherent issues concerning the medical condition and its impact upon one or more of the essential elements of one’s job are difficult and involved.

The administrative process of preparing, formulating and filing for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, is in and of itself a complex process — if only for the sheer volume of Standard government forms which must be completed — and is compounded in multiple ways when the variegated medical conditions are included.  Indeed, sometimes it is the combination of multiple medical conditions which, in the totality of interconnected and intersecting symptomatologies, constitute the entirety of the medical impact in preventing one from performing a particular kind of job.

It is the job of the applicant for Federal Disability Retirement benefits — the Federal or Postal employee under FERS or CSRS — who must define the complexity down to its basic, comprehensible and coherent, cogent presentation, in order for the reviewing clerks at the U.S. Office of Personnel Management to analyze and ultimately approve the Federal Disability Retirement application.

A simple rule of thumb:  If you cannot explain it, how will OPM make heads or tails of it? The solution:  If you cannot do it, obtain the services of someone who can; normally, this would involve an attorney.

Sincerely,

Robert R. McGill, Esquire

Federal and Postal Disability Retirement: Complexity & Context

Complexities in any field, whether general, technical or mundane, possess a context which includes its history, its underlying purpose, and the years of evolving issues which have impacted the expanding compendium of rules, regulations, statutes and procedural mandates.  The previously-stated sentence is itself a paradigm of such complexity, and unless a proper context is provided, retains scant meaning except in a garbled conglomeration of independent words.

Federal Disability Retirement from the U.S. Office of Personnel Management, whether under FERS or CSRS, is somewhat akin to the context-less complexity experienced by any Federal or Postal Worker who approaches such an administrative process.  Those who have been involved in the substantive and procedural morass understand the methodology, means and minutiae which must be engaged in order to successfully maneuver through the regulatory and administrative process.  But most Federal and Postal employees have a singular contact with the entire process (and thankfully so), without a context of how, why, or when it reached a level of such complexity that it became necessary to search for some guidance to understand the very process itself.

Unfortunately, Human Resources personnel are often unhelpful or uninformed themselves.  The statutes, laws and procedural regulations which are supposed to guide the Federal or Postal employees have themselves become a conglomeration of complexities.  And the ability to discern and distinguish between information, helpful information, and errant information, has become a problem in and of itself.

Best to take some time at the front end to simply gather some facts, and determine what the central issues are.  Taking the time at the front end to tackle the complexities, and understand the context, will save some troubles down the road.

Sincerely,

Robert R. McGill, Esquire